Lawyer argues Calgary woman didn’t hit Stelmach with pie, so charge is wrong

A political activist can’t be convicted of assaulting Premier Ed Stelmach’s guard with a pie because her intended target was the premier himself, her lawyer argued Wednesday.

CALGARY — A political activist can’t be convicted of assaulting Premier Ed Stelmach’s guard with a pie because her intended target was the premier himself, her lawyer argued Wednesday.

Defence counsel Mark Takada said Lily Phan should never have been charged with attacking Sheriff Hady Hammoud with pie filling because he wasn’t her mark.

“She’s guilty of an attempted assault on Mr. Stelmach, that’s the appropriate resolution, the appropriate charge in this case,” Takada told provincial court Judge Bill Cummings.

“You charge them with the appropriate charge,” said Takada, arguing for an acquittal against his client.

“It . . . does not make sense to convict a person of something they did not intend to do.”

But acting chief Crown prosecutor Lloyd Robertson said Phan should be found guilty of all five charges she faces in an incident at the premier’s Stampede breakfast in 2007.

Phan is accused of assaulting a peace officer, common assault, assault to resist arrest, mischief and causing a disturbance.

She was arrested July 9, 2007, after lunging at Stelmach with a fistful of chocolate cream filling as the premier flipped pancakes at his annual Stampede party. He was untouched by the creamy filling.

Robertson told Cummings the concept of transferred intent — in which you are guilty of assaulting one person if you intended to assault another — is well-established law.

He also said Phan was guilty of causing a disturbance by screaming as she was being taken down after her lunge at the premier, and of mischief for disrupting the breakfast.

But Takada said his client simply yelled, “it’s a pie, not a bomb” to avoid being roughed up during her arrest.

Cummings will hand down a verdict on June 26.

Just Posted

City Hall Park construction begins next week

Construction to update Red Deer’s City Hall Park is set to begin… Continue reading

PHOTOS: Jazz at the Lake begins

The 16 annual event began Friday and runs until Sunday in Sylvan Lake

Photos: Lunchtime tunes on Alexander Way

Final concert of the summer

Clearwater regional firefighters in B.C.

Crew operating west of Prince George

PHOTOS: Samson Cree Nation Pow Wow

The Samson Cree Nation hosted its annual Pow Wow, celebrating youth last weekend

WATCH: Feasting at Red Deer Ribfest this weekend

Ribfest runs until Sunday at Rotary Recreation Park

Street Tales: Life is filled with unlearned lessons

There are days that I almost believe evolutionists in that we are… Continue reading

Canadians believe in immigration but concerned about asylum seekers: study

OTTAWA — Canadians are generally supportive of current immigration levels, a survey… Continue reading

Quebec announces plan to compensate taxi drivers after Uber’s arrival

MONTREAL — The Quebec government has outlined how it intends to compensate… Continue reading

Hospitals to see ‘delays’ in care after losing Saudi students, health group says

OTTAWA — The loss of Saudi Arabian resident physicians in Canada’s hospitals… Continue reading

PHOTOS: B.C. city wakes up to darkness under wildfire smoke

The rest of the province also dealing with thick haze as smoky skies continue

Death Valley worker has seen highest, lowest temperatures

LAS VEGAS — Thousands of tourists descend on Death Valley each summer… Continue reading

Banff’s Sunshine ski resort upset with proposed guidelines from Parks Canada

BANFF, Alta. — An internationally known ski resort in Banff National Park… Continue reading

Folk singer Ian Tyson cancels show due to ‘serious medical situation’

TORONTO — Canadian folk singer-songwriter Ian Tyson has cancelled his appearance at… Continue reading

Most Read


Five-day delivery plus unlimited digital access for $185 for 260 issues (must live in delivery area to qualify) Unlimited Digital Access 99 cents for the first four weeks and then only $15 per month Five-day delivery plus unlimited digital access for $15 a month